PEOPLE v. CRUZ


14 A.D.3d 730 (2005)

786 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS CRUZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 6, 2005.


Crew III, J.P.

On October 31, 2001, Albany County Sheriff's Investigators Eugene Duda and Douglas Vogel were involved in a drug interdiction effort at a bus station in the City of Albany. While Duda and Vogel were standing near the front door of the station speaking with another individual, defendant entered the station. Defendant went to a phone booth, entered the booth and picked up the receiver but did not deposit any money, dial the phone or speak into the receiver...

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